Colorado felony sentences carry mandatory minimum terms, but you may be able to avoid prison through felony probation or other alternative sentencing such as community corrections or home confinement.
At your sentencing hearing, you can also present mitigating circumstances to persuade the judge to impose laxer penalties.
In this article, our Colorado criminal defense attorneys discuss the following topics re. felony crimes:
- 1. Mandatory Minimums
- 2. Parole
- 3. Sentencing Hearings
- 4. Probation
- 5. Community Corrections
- 6. Home Detention
- 7. Habitual Offenders
- 8. Seals
- Additional Resources
1. Mandatory Minimums
Each felony class in Colorado has a penalty range with a mandatory minimum, though there are ways to avoid prison such as probation. The following table spells out all the felony sentences:
| Colorado Felony Conviction | Presumptive Sentence |
| Class 1 |
|
| Class 2 |
(5 years of mandatory parole if the offense is a crime of violence.) |
| Class 3 |
The maximum sentence is 16 years in prison for extraordinary risk class 3 felonies. |
| Class 4 |
The maximum sentence is 8 years in prison for extraordinary risk class 4 felonies. |
| Class 5 |
The maximum sentence is 4 years in prison for extraordinary risk class 5 felonies. |
| Class 6 |
The maximum sentence is 2 years in prison for extraordinary risk class 6 felonies. |
Colorado also has several unclassified felonies with penalties specific to the crime.1
Extraordinary risk felonies carry a higher maximum sentence because they pose a risk of harm to society.
Colorado sentences for drug felonies depend on the crime category:
| Felony Drug Offense | Presumptive Range in Colorado |
| Level 1 |
The minimum prison term is 12 years for aggravated level 1 drug felonies. |
| Level 2 |
The prison term is 8 to 16 years for aggravated level 2 drug felonies. |
| Level 3 |
The prison term is 4 to 6 years for aggravated level 3 drug felonies. |
| Level 4 |
The maximum prison term is 2 years for aggravated level 4 drug felonies.2 |
See our related article on statutes of limitations in Colorado criminal cases.
2. Parole
In general, you are eligible for parole consideration in Colorado after serving 50% of your prison sentence. Felony sentences are also reduced by any time you spent in custody prior to the conviction.
In addition, you have the opportunity to work off 10 days of your sentence each month (“earned time”) through:
- labor,
- classes,
- group living, or
- general compliance.
However, if you are convicted of a crime of violence, you are not eligible for parole consideration until 75% of your time has been served. Furthermore, if you have prior convictions for a crime of violence, you cannot accrue “earned time.”
Finally, if you are a sex offender, you must serve 100% of your minimum sentence before parole consideration. Though you are also allowed to accrue “earned time.”3
3. Sentencing Hearings
A sentencing hearing is where a judge imposes penalties on you for being convicted of a crime. During the hearing, your attorney and the deputy district attorney advance their arguments as to what punishment you should receive. Both sides can call witnesses urging for laxer or harsher sentences.
When determining which penalty to impose in the criminal sentencing range, judges take into account:
- aggravating circumstances, which make you more blameworthy and deserving of a tougher punishment, and
- mitigating circumstances, which make you less blameworthy and more deserving of probation or the minimum sentence.
The following infographic shows examples of each:
Sometimes your defense attorney and prosecutor agree ahead of time to a punishment. When this happens, the judge will usually rubber stamp this negotiation and impose the agreed-upon sentence.4
4. Probation
Depending on your case, you may be eligible for probation instead of prison in Colorado. However, judges may not grant you probation if you are convicted of multiple felonies or of a class 1 felony.
The terms of probation depend on your individual circumstances. Ten common probation terms are:
- regular reporting to the probation officer;
- not committing any other offenses;
- not leaving the county, Colorado, or the U.S. without permission;
- paying all fines, court costs, and victim restitution;
- abstaining from alcohol and drugs;
- completing a rehabilitation program and/or attending counseling;
- submitting to alcohol and drug tests and/or wearing an alcohol detection anklet;
- electronic monitoring with an ankle bracelet and/or abiding by a curfew;
- maintaining employment and/or attending school or vocational training; and/or
- following the terms of a restraining order.
Probation for a felony crime can last for as long as the judge deems necessary. However, you may be able to apply for early termination of probation in certain cases.
Probation Violations
If you are caught violating probation, you can be arrested and held in custody until the probation violation hearing. If the judge finds by a preponderance of the evidence that you did violate probation, the judge can:
- “revoke probation,”
- remand you into custody, and
- impose the underlying prison sentence.
Though in some cases, judges may give you a second chance to finish probation.5
See our related article on deferred prosecution, which is difficult to get in felony cases.
Many felony defendants may be eligible for probation instead of prison.
5. Community Corrections
Community corrections programs (CCPs) are a sentencing alternative if you are convicted of nonviolent felonies (or misdemeanors) but are ineligible for probation.
CCPs are often done under residential supervision with strict curfews. You are required to work at a job while completing other probation-like terms such as individualized counseling or drug treatment.
As with probation, if you violate the terms, you can be remanded to prison.6
6. Home Detention
Home detention programs in Colorado permit you, if eligible, to serve your sentence at home. In some cases, you may be eligible to go to work or school or other approved activities. Otherwise, you must remain at home under electronic monitoring.
Note that having a conviction for sex crimes, domestic violence crimes, or crimes involving a deadly weapon typically disqualifies you for home detention.7
7. Habitual Offenders
If you are convicted of a serious felony – and you have at least two prior felony convictions – you face habitual offender sentencing. This means the judge can impose a sentencing scheme that is three- or four-times what you would face otherwise. Some habitual criminals face life in prison.8
8. Seals
The following felony convictions cannot be sealed in Colorado:
- Class 1 felonies,
- Class 2 felonies,
- Class 3 felonies,
- Level 1 drug felonies,
- felony sex offenses,
- felony DUIs, and
- Domestic violence-related felonies.
Meanwhile, other felony convictions can usually be sealed three years after the case ends. An exception is level 2 drug felony convictions, which require a five-year wait.9
Learn how to seal Colorado criminal records.
Additional Resources
For more information, refer to the following:
- Colorado Department of Corrections (CDOC): The state prison and parole system.
- Colorado Innocence Project: Organization that works to exonerate wrongfully convicted individuals in Colorado.
- Reentry Services: Colorado program to help inmates reintegrate into society, run through the CDOC.
- Youth Violence Prevention: The Colorado Department of Public Health and Environment’s initiative focused on keeping youth out of custody.
- Colorado Criminal Justice Reform Coalition (CCJRC): Organization that focuses on criminal justice reform and policy.
Legal References
- CRS 18-1.3-401.
- CRS 18-1.3-401.5.
- CRS 17-22.5-405. See, for example, People v. Smith (2014) 2014 CO 10.
- See note 1.
- CRS 18-1.3-201-212. See, for example, People v. Cortes-Gonzalez (Colo. 2022) 506 P.3d 835.
- CRS 18-1.3-301.
- CRS 18-1.3-106.
- CRS 18-1.3-801.
- C.R.S. 24-72-701.